Court Summary - at a glance

Date of offence:
17 August 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$332,060

Safety lessons learned:

It was reasonably practicable for the Defendant to have:

  1. Developed and implemented an adequate safe system of work in respect of the erection and use of the LERS;
  2. Ensured the LERS were erected and used in accordance with the manufacturer’s instructions;
  3. Ensured the competency of all workers involved in the planning and use of the LERS, taking into account the infrequency with which those workers were tasked with work involving LERS.

Defendant name:
Electrix Limited
 
Industry:
Energy
 
Date of offence:
17 August 2016
 
Facts in brief:
The victim, a 21 year old Line Mechanic working for Electrix Limited sustained serious injuries when the 30 meter high Lindsay Modular Emergency Structure (LERS) he was working on toppled backwards with the victim securely harnessed to the top of the tower.
 
Offence section:
Sections 48(1) and 2(c), and 36(2) of the Health and Safety at Work Act 2015
 
Date charged:

Court:
Hamilton - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$332,060
 
Maximum fine available:
$1,500,000
 
Reparation:
$40,000 for emotional harm, paid prior to sentencing